Show alasa SPOIL the defendants in tile I 1 case of tile U S VS THE CHURCH of jesus christ of latter day saints FILE THEIR ANSWERS to the hill bill of complaint of the plaintiff tho the U S INTHE EDMUNDS TUCKER lua in which it li Is shown charch church 1 I mot not a corporation the position of the fund a THE ANSWERS something for all ali to nesi re tai and spoilers to shudder at following are the tile answers filed in tho the supreme Su ireme court of the territory Tern tor in in the suite suits recently begun a the church under the edmunds tucker law an in the supreme court of the territory Terri fortl of utah mh united states of america morica A plaintiff vs the late corporation of the church of jesus christ of latter day da saints jolin john taylor lor late trustee in trust and wilford ilford woodruff loren lorenzo zo snow erastus snow franklin Fra tillin D richards Kic hards brigham young zung moes moses thatcher 1 rands francis af lyman I 1 in in john henry iley smith george Te lea siUle aAle ile bieber rj J grant and john W lor late assistant trustees trust ece defend ants now ow come the said defendants wilford ilford ool ruff lorenzo lorenz snow frastus I 1 rastus snow franklin 1 D richards 0 Hi charde brigham young alases 1 thatcher francis 51 31 lyman john henry smith cleber J grant and john W tailor taylor and for their separate eap irate joint 1 and iberal several ie erAl ans answers Ners to the bill ill of complaint of kofl benr deny that said defendant the tile church Chure of jesus hrict of latter day SAi fitS on the dav of february 1887 or at any other period after july 1st 1863 1662 nas was khoan or ex existed bated as s a corporation deny that th it the tile mid said john tivi lor on or immediately immedi bitely before tho the day of february 1857 was or ever had been trustee in crust of mid said corporation or that said sai 1 wilford ilmoni oo druff ir lorenzo snow erastus I 1 rastus snow franklin Frunk lin 1 I richards Kich irda brigham young oung slopes thatcher francis 31 lyman john henry smith george Teasdale lieber J grant and john IV Talo either of them were or ever had been assistant a trustees of enid said alleged correra corpt tra don tion the chur chuch c it of fesui christ of latter d day ly saints defendants deny that under or bv by virtue of tile eaid said act of ancor incorporation t lon net set forth in paragraph one of T ii nt i ff bill of complaint that said church did buy acquire or hold large or any an abou amou amount tit of real estate or person personal pe A I 1 property of great or any value W whatever hate cr in the territory of utah or elloa elsewhere here after the first day a of july 1802 defendants deny that eaid said alleged allege defendant defend int corporation owned oi ned or held I 1 real estate of the value of or any other sum or personal person jl destito of 1 or any of other her sum on the tile day of february 1837 or which v aich paid said Mend defendant ants fl now or at any other time in violation io Ution of eaid said lavi IAMB a of the file united unite 4 I 1 states or otherie still claim to I 1 told or own defendants deny that the alleged corporation of the church of jesus clinet christ of latter day d ly saints from its organization org until tile hill of february 1837 was a corporation for re legious lis ligi nou ous charitable or other purposes or thattie that the eaid said alleged church was ft AS on the date last aforesaid d a corpora tion at all defendants deny den that by virtue of tile third weltion of 0 the act of congress Con grepe dated july 1802 and enacted reenacted re aa as section 1890 of the housed revised statues ot of the united sute states all or au an corpora eions or association for religious or charitable chan tible purposes or especially 11 the tile defendant corporation was forbidden tor hidden to acquire ac guiro or hold real estate in in any an territory during tha ho existence of tile territorial government of greater tr eiter value than 50 deny that ly by said paid or any act of congress raid defendant defea 1 int cor corporation ration is la limited in n its rights to acet acquire t ro or hold re real tl property in in any anio amount defendants Defend ints deny thai that ot of the real estate beld hel 1 hv bv t the eai alleged lebed corporation the churi church li of jus christ of latter day saints S eints on the dav 1 of gebru ary more snore than 0 in value or any other anio amount had bad been ac I 1 r a or held since tile 1st day da of 1 july u 7 1802 deny on information and belief f that eaid said alleged corporation ration haa has tiny an reale tato whatever wh ateer defendant ten Y that by of an any pr premises 1 I I 1 in P faint bill of corn com plaint or others h rm fre lie tile real estate I 1 referred ef erred to and stated in in paragraph h four our of th tle complaint comi faint 4 aich ili ell on or ix dorethe fore tile loth day da of february mra 17 was owned or held by sald alleged co corporation r horation ro ration the tile church of je iesue aus C christ h r is t of latter day saints wai was or 1 Is subject to escheat to lie the united states ichen D fand ats deny that on the lath day of february 1 the el carter larter or act ct of incorporation qt if clio all mallegol egol corporation por po ration ilion ilia church of J calls chrict of 0 I latter iiller day U atins St sains ins aa diss approved bolk alai or annulled tin by b lite congles ons ren of tile united or that tho tile mid a alleged corporation 1 horation po ration v was thereby ilien bv di solved IT betly that all or am an of I 1 t the ii 0 real estate owned or occupied by sam sill 1 alleged corporation at ion in excess W 0 0 m I 1 hii ich h WAS not on I 1 the lie irth day of february 1 a 1897 hell beld or occupied as aft 1 buil migs lin or ground al ap thereto for lie the purpose of the wo worship ragip cofod od or parsonage connected there 1 v iiii or burial ground wa or ii a ewh 1 hect to eschet tu 0 o the units I 1 states I 1 deni ten that lie the mn kaid 1 nl at legel corporation the church of jesus chrtt of utter latter aty adny or tile I 1 of the mid john ta a a in in truit and wiford iford wood loremo enow fra tui now ny i i ar 1 D 1 you young g slows ali itt lier 1 rancis ancie 11 1 I y ym tui I 1 john henry mith smith george TL le heber I 1 grant gr tnt and john W V tvr tayl g a nishant ni stant cs or or I 1 1 either or any an of the ha leill eil por per hons or martlea part lea or o 0 violation 91 if 4 the laws of tho the unite united J stat states e s or otherwise claim to hold or do ex exert e r case 1 tho the powers e v which vi d c h were held or exercised arci arb by y asih the said d alleged e corporation r the church of ja jesus oil a cio christ amt 0 of ri latter dav saints ts sor or ar are e u unlawfully n amu 1 y or otherwise P possessing sing or using t the i m real estate referred to in tho the fourth ohof paragraph pira graph ot plaintiffs bill of complaint or that they or cither either of them are receiving rec receiving eivin or unlawfully appl applying y to I 1 its 8 or thear their own use all 01 or any any U of th the rente rents ia issues aes ues or prof profits its thereof and deny that they or either of them falsely ialy or wrongfully or othera otherwise ise claim clum I 1 the right to sell T use or dispose lie pose of said raid pla property ut ert ly Defer defendants a deny that since the day of 1 february uary issa 1837 there haa has been or is is no person lav lam fully authorized to take charge manage preserve or control the property real and personal bilich aich on or before the dallast day aforesaid was owned held possessed or used by said id alleged corporation the church 0 of f jeans jesus christ christof of latter day saints or that by reason thereof all of I 1 mid said property as referred to in the t third hird parag paragraph raph of said bill of complaint is is subject to irreparable or irremediable ible loss or destruction further answering the lull bill of complaint of plaintiff defendants deny each e cry and all tile allegations in plaint plaintiffs effs iffs bill of complaint further answering the tile complaint of plaintiff andhor and for a separate defense thereto wilford ilford woodruff lorenzo snow erastus 1 rastus S snow now franklin D richards Kic hards Brig engham hain young 2 moses thatcher francis al lyman john henry smith cleber J grant and john W taylor show unto 0 this court that the corporation of the he church of jesus christ of later day saints was via by b law dissolved on the first day of i J july ly 1802 and that from that period t to the tile present said corporation hae has ceased to exist that tho the church of jesus christ of latter day sainta saints is has been since since jul jua 1862 a volun tary religious and charitable adocia association composed compo feed of numerous member members and cona congregations legations and that the objects of S said id association are the tile dis of the principles I 1 es of the gospel as taught by our cavior jesus christ and in in aiding the poor and incompetent and in m providing for their au sustenance and wants w ants that its purposes and objects arc are purely religious and charitable and as such it has at ill times and does now receive donations from ite its members in limited amounts which are used for thestle tho sole purpose afo aforesaid reaid that as such society or association it his 1 held beld through its 14 trustees trustee 8 from time to time its real and personal property and lias has from time to time used and disposed of portion portions of the earno same that tho the late lite john taylor lor president of the church of jesus christ of latter day saints sainto was and had bad beer been for about ten cars years last post past and up to july 1887 the polo sole and only trustee of raid eo bety or church that mid paid jolin john taylor ta lor deceased on the tile date I 1 last ast aforesaid and that since bince that pet nenod iod there lia has been no trustee of said church or association except as herc hereinafter pet set forth that said john ta lor was w as elected by the latter day saints at their annual conference as trustee in trust fir fr tho the body of re linious worshippers called the church of jesus christ of latter day saints and in other capacity ca panty and not as trustee of raid said or any corporation and the i be resmie respondents n ts and defendants were nai named a A anil I 1 elected as lua his counselors and not other iso and that they nor eithe them thein were not nor ever hae have been assistant trustees to lie tile mid john talor taylor or any other person for and on behalf of said alleged corporation po ration D defendants tend ants further allege that they nor either of them eier ever li it id lie held or pretended to have or to it id an any of the tile means or property pro port of sa mid d a association ia or church up to alio ti time me of th the 0 decease of said jolin john taylor nor liaro they noman control or authority oer the tile bime same further than titan being prominent ent inci nhem of said church prominent but tit ae eaid I 1 i 0 e ty real and personal is is in in the lir hands n ds of ite its trustees here hereinafter ili named that bald said jolin john talor taylor as Ps trustee in in trust up to the date of his death had the tile sole 1 management man and control of said real and personal pro property t and on or before alie day artl of 1 cb auary 1887 a is defendants if tire informed ad belies believe c tile said trustee disposed of all and the tie personal property of said i t lion ion paie to pay its debts abich amount so reserved onedis is un unknown knon to defendants di fend ailts lilts and on information oa and belief they alit allege go it liaa has been used for the lie purposes for which it was reserved defendants farther further allege that on or about the sill dat of april 1887 pur to nets acts of Con on grots re I 1 in that hat bo be hilf theauthor the authority t Y of f aard 1 I hurch church nominated and tile court exercising probate power powers it in the county of sill lake and territory Tern tor of utitia L tali appointed three trustees cly lilliain B I 1 preston robert T hurton burton and jolin john it winder to hold the real property of said church and that since their mid said appointment all the real property in tile mid said ten teri atory that is is owned by eaid said chunh church in in the are ato has halt been wen deeded to baid bruste tr trustees uste an and 4 they now hell holi and posse the same which ia des describe eribo lapose I 1 as follows to wit tit of allock 87 plat A salt lake att ctt ity survey in in silt salt lake like county utah territory on m which stand stands ite its temple and houses of vors worship bip also tile following commencing four role rods north of tho the southwest corner of lot 4 block 88 plat PI it 11 1 11 salt silt lake like city suncy survey thence north twenty six six rods thence eat emt twenty rods thence south two and nd one half rods thone west eat four tn tn cods chenco o 0 three and one ba rods hence thence most elx bit rode rods to tile place fa of beginning containing 2 67 7 acres al also alo o all till of the following follow ing part of I 1 at I 1 it 13 aock 7 plat A bait salt lisko city sun buney suney ey hounded as follows commencing at the tile northeast cot coiner ner of said lot thence mouth out h 10 rods thence west 18 rods thence north 10 rods rols thence east 18 rods to vie place of b ginning that ull all the real mai property now W owned ow nad by elid said cherul chu rul and m which itch la is in the tile hand hands of said sald trustees trust eoa was ac so and beld bv by paid said church before july alv let 1802 1862 save and except one of tho the aforesaid pieces piece namely the last above described u which said eaid last hamod 1 lot or picco of f ground is is earv for tile convenience and use of raja religious reli Kious society and is tit and ha lias has s at all time times been used as a parsonage and offices connected therewith and not otherwise that mid paid society or church has ht no other real property and awl no personal property t save that which has been pro gocr roo litno ir time donated by tile of eaid id churchard chur church chand and aich is la held and controlled by aid said last ahoe above named for atie u haft c w tal church in guilding hull huil ling ding an aal I 1 jor or its bounce houes of worl iii and andin in maintaining ind sit 11 porting t he a poor lAir further ther answering the complaint compi of jil defendants allege that all t the a reil roil property now belonging to a sa aid id church or association has axen beld owned and controlled by it through its it trustee tor for a period ot of luo titan five years ars next preceding thoi the commencement nf of I 1 hao a 4 01 ion wherefore defendants I 1 pray Y ol to be heni herive dismissed ului with their coats hero 10 i arili I 1 i sac I 1 i in ex expended ade d a and nd that each and every hr ol 01 the t prayers r y r of plaintiff be denied F S RICHARDS digrande Li I 1 GRANDE YOUNG LEGAND attorneys tt n 3 for r defendant 0 1 ifa C counsel in 61 WILFORD V WOODRUFF SNO W F ri 1 I it kinnari ls YOUNG mo MOBS moes Es F al HEBER J GRANT jon J HEBY r SM defenda defendants ats THE r E FUND CO in he supreme court of the territory of df rutth xo of term in guily tho the united states of america plain tiff vs tho the perpetual emigrating im migrating I 1 fund und company albert carrington F D richards F at lyman II 11 S eldrede Eldre bi dredge dr joseph F smith an RUS gus il 31 cannon moses thatcher Tb atcher john R winder mader henry din W woodey kobert robert T burton A 0 boand biazot and 11 II B claw alamson Cl amson son defend ante the joint and several answers of the perpetual emigrating compau company albert carrington I 1 U richa richards F AL lyman 11 II S eldredge joseph t smith angus 31 cannon moses thatcher |